JUDGMENT :

PANKAJ MITHAL, J.

1. Heard learned counsel appearing for the parties.

2. In an incident which took place on 30.05.2007 at about 3:30 p.m. in the market area, one Mahendra was injured and one Saddam Hussain, son of the informant, Mohd. Ali was killed. Two cases, one crime No.169/2007 under Section 304 and 308 IPC and another case crime No.170/2007 under Section 25 of Arms Act, 1959 were registered against the accused Nanhe.

3. Both the cases were clubbed and were tried as Sessions Trial Nos. 1097 of 2007 and 1212 of 2007 by Special Judge, S.C./S.T.(P.A.) Act,1989. The trial court vide judgment and order dated 14.05.2010 held the accused Nanhe to be guilty of an offence under Section 302 IPC and sentenced him to life imprisonment with fine of Rs.5000/- and in the event of default in payment of fine to undergo additional one year of imprisonment. The trial court also held the accused to be guilty for an offence under Section 25 of the Arms Act and imposed punishment of two years of rigorous imprisonment with fine of Rs.1000/-.

4. The judgment and order of conviction and sentencing the accused was affirmed by the High Court vide its judgment and order dated 31.01.2019 passed in c